What many brides and grooms-to-be forget is that a little pre-wedding legal planning can go a long way to making sure their big day goes off without a hitch! If you’re like most people who are planning a wedding, you and your family put a lot of time and effort into choosing the right caterer, the best florist, an amazing band, the perfect everything. What you probably didn’t put a lot of thought into, though, were the contracts you were signing with those vendors. But even if your wedding day is right around the corner, it’s not too late to protect yourself!
Pull out your contracts and check for details – the more details you find the better. For instance, take a look at the contract you have with your band. Do you have in writing how many band members are going to perform? What happens if the lead singer gets sick? Does your contract state who will take his or her place and have you heard them sing? What about your contract with the florist? The exact flowers you ordered should be listed, not a generic description such as “ten centerpieces.” If you’re paying for white Callalillies in 8″ lilac-colored vases, then make sure that’s what the contract says. With regards to your contract with the photographer – make sure it’s clear whether you have to pay for all the proofs or just the photos you want to keep. Are there a minimum number of photos you need to buy? You also need to take a careful look at your contract with the caterer or function hall. The set-up, start, finish and break-down times should all be clearly spelled out, as well as how many waiter and waitresses you are paying for! And don’t forget gratuities – your contract should clearly state what percentage you will be charged. Remember – the less you leave to chance the more likely you are to get what you contracted for.
Also, look very carefully at whether the vendor can make substitutions, and if they can you should be agreeing on what substitutions are acceptable. Make sure you really understand the cancellation policies. When you signed the contracts, you probably paid attention to what your obligations would be if you had to cancel, but what happens if the vendor backs out? Getting your deposit back may not be the solution you’re looking for if your photographer cancels at the last minute or your wedding dress never shows up. You may want a back-up plan to be included in your contract.
If you find your contracts are lacking key details, go back to the vendor and ask them to put the missing information down in writing. Contracts can be modified as long as both parties agree and sign off on the changes. If you are dealing with a reputable vendor, they should have no hesitations about documenting corrections or clarifications. You both need a detailed contract just in case things don’t go as planned. And speaking of things not going as planned, a prenuptial agreement may not be considered romantic, but it is a key aspect of your pre-wedding legal planning. Not everyone needs a prenuptial agreement, but many people do. If you own your own home, have stock or retirement assets, or expect an inheritance in the future, you need to think “prenup.” Even if you don’t have any significant assets but intend to give up your career to raise a family, or you plan to support your future spouse while he or she goes to college or graduate school – you should ask for a prenuptial agreement!
Prenuptial agreements are often appropriate in the case of a second marriage. A properly drafted prenuptial agreement creates a binding contract between you and your fiancé. It not only spells out what will happen financially if you ever get divorced, but is also necessary if you want to leave most or all of your assets to your children or grandchildren from a previous marriage.
Prenuptial agreements also address issues like how to divide the premarital and marital assets, and whether alimony will be paid, and if so, how much and for how long. Many people agree to a flat dollar amount for each year married in lieu of weekly or monthly support that could go on indefinitely. Sometimes the alimony amounts are greater if the couple has a child or stays married for a set number of years. Some people waive alimony altogether. It’s really all about controlling the outcome and not being “surprised.”
A prenuptial agreement should be signed as soon as you and your attorney agree to the terms – you don’t want to be signing a prenup at the last minute! Not only is that unnecessarily stressful, a court might later decide the prenup is invalid because one party was coerced into signing at the eighteenth hour. Remember, the key is fair and reasonable. And the same goes for contracting with your wedding vendors – be up front in your expectations, ask the vendors to do the same, and have everyone sign on the dotted line. The rest of your wedding planning should be a piece of cake!